RIGHT OF CANCELLATION In the event of force majeure, war, fire, flood, strikes, lack of raw materials, breakage of machinery, etc. in the establishments responsible for the execution of this order, the seller reserves the right to cancel the order, even if only partially delivered, and is released from the obligation to deliver without any claim for compensation.
REGISTRATION OF ORDERS Orders are recorded and delivered only after confirmation from our company. The order confirmation issued by us is only a registration document. We reserve the right to modify the prices; the selling price being that of the tariff in force for the delivery.
DELIVERY TIMES Delivery times are not strict and are given as an indication only: we will not be held responsible, particularly in the event of delays or difficulties in manufacturing or delivery. Possible delays do not give the buyer the right to cancel the sale, to refuse the goods or to claim damages. No order may be partially or totally cancelled during the course of execution.
TRANSFER OF RISKS - SHIPPING The goods always travel at the buyer's risk, even when sold FRANCO. In case of late delivery, damage or loss of packages, it is up to the consignees to exercise their recourse against the carrier(s).
CONFORMITY OF THE PRODUCT The seller can only guarantee the weight of the fabric and the conformity of shades subject to the same tolerances as those of the raw materials.
DEFECTIVE GOODS The seller reserves the right not to deliver goods deemed to be defective, without this obliging him to replace them or to compensate the buyer.
CLAIMS - RETURNS The buyer's claims, on the occasion of a delivery, are only likely to be taken into consideration if they are formulated in writing, and by registered letter, within 48 hours from the date of receipt. We do not accept any return of goods without our prior agreement. No dispute concerning the quality of goods shall be admissible if the goods have been used. In any event, our liability is strictly limited to the replacement of defective deliveries to the exclusion of any damages.
PAYMENT Except under special conditions, invoices are payable to SASYTEX at 30 days end of month. Under the terms of the law of 31.12.1992, in the event of payment after the date appearing on the invoice and when the payment is made after the deadline set by the general conditions of sale, a penalty of an amount equal to one and a half times the legal interest rate in force is applied. From 1 January 2013, a daily indemnity of €40 will be due to the creditor for collection costs, in the event of any late payment. This lump sum is in addition to the late payment penalties. If the buyer's financial situation gives rise to justified concerns, we reserve the right to reconsider, for current orders, the terms of payment in cash or before delivery.
TERMS OF PAYMENT Our bills of exchange are not a derogation from the place of payment and only constitute a payment facility. We reserve the right, whatever the particular conditions of sale, to require cash or advance payment before making a shipment. Unauthorized returns can in no way delay the payment of our invoices on the agreed due date.
DEFAULT OF PAYMENT Failure to pay a single bill of exchange or a single invoice on its due date shall cause the term to lapse and shall render all our claims, even those not yet due, immediately payable. From the due date, interest on arrears shall accrue automatically and without notice of default at the rate of 2% per month of delay.
In accordance with article 1226 of the French Civil Code, in the event of default by a debtor, the sums due recovered by litigation will be increased in addition to the default interest by an indemnity set at 20% of their amount. Filing for bankruptcy In accordance with the law of 18 May 1980, in the event of filing for bankruptcy, we shall be entitled to carry out or have carried out the recovery of the goods on simple summons from a bailiff, without any other procedure.
CLAUSES OF RESERVE OF OWNERSHIP It is expressly agreed that the transfer of ownership of the goods sold is subject to the effective and full payment of the price. Payment shall only be made by the effective collection of the price, the remittance of a bill of exchange or any other instrument creating an obligation to pay and not constituting a payment. The buyer shall bear all risks that the goods may incur or cause. The buyer shall ensure that identification of the goods is always possible. Goods in stock of the same nature are presumed to be the unpaid goods. Goods that have been processed without material alteration shall be deemed to be found in kind. Unpaid goods can be claimed by simple order and will be rendered on request of the President of the Tribunal de Grande Instance or the Tribunal de Commerce, without any prior formality. As soon as the claim is lodged or a sum to be returned, the purchaser shall be liable to pay a contractual lump-sum compensation of 5% of the sale price for each day of delay until the goods are actually returned or the day the price is paid in full. Even in the absence of collective proceedings, the seller who is unpaid on the due date shall be entitled to claim his price in the hands of the sub-purchaser.
CLAUSES ATTRIBUTING JURISDICTION It is expressly attributed competence to the Courts of the jurisdiction of the Tribunal de Grande Instance de CHAMBÉRY. All sales or works dealt with black company are deemed to be of a commercial nature and to be made between traders. The above conditions of sale cannot be modified either by a previous correspondence, or by a later clause, even contained in the buyer's order form. Only the written conditions accepted by the buyer and ourselves may deviate from them.
WARRANTY The guarantee against any manufacturing defect, except for shocks, consists of the pure and simple exchange of the goods recognised as defective by our laboratory or their repair at our convenience. The transport costs of the goods shall be borne by the purchaser. The exchange of the goods or possibly their repair under the guarantee may not have the effect of extending the duration of the guarantee. Under no circumstances may SASYTEX be held liable for any physical or material damage of any kind whatsoever which may be the direct or indirect consequence of negligence, poor adaptation of the product or its faulty use. Before using the product, we recommend that users make sure that it is exactly suitable for the use envisaged - by carrying out preliminary tests if necessary - which engages their responsibility for any risks they may incur. In case of dispute and express agreement, the Court of CHAMBÉRY shall have exclusive jurisdiction, even in case of multiple defendants and notwithstanding any agreement to the contrary.